are common and cause serious injuries. While not all accidents are caused because of a defective lawnmower, it is important that you have a qualified party give you a proper assessment. Often times both the operator of the machine and the manufacturer can be held liable. In such cases the courts may off-set any damage award against your own degree of negligence. A qualified lawnmower accident attorney can help you protect your rights. The attorneys at Downtown L.A. Law have been advising people who have been injured while operating a lawnmower to seek counsel. Lawnmower accident attorneys at Downtown L.A. Law can help you better understand your rights and whether you have a case.
Defective Lawnmowers Result in Rollover Accidents and Serious Injuries
A product is defective
when it fails to act in the manner it was intended. Generally there are number of ways a product becomes defective. A product can be defective when it has a defective design. When it is inherently dangerous by design, or lacks adequate labeling. In all cases the product causing the injury would be defective and all commercial sellers of the product would be held liable for the injuries.
Compensation from Lawnmower Manufacturers and Distributors for you Rollover accident Claim
Essentially, there are two ways in which a product liability claim against manufactures can be established under Federal and California defective products laws. Defect based on faulty manufacturing of the product or a defect in the design of the product.
A product is considered to have manufacturers defect if at the time it left the manufacturers control it differed from the manufacturers intended result. Manufacturer defects generally apply when the manufacturing process was defective and it is up-to the plaintiff to show that it deviated from the manufacturers design.
The plaintiff or injured party needs to show that the product deviated substantially from the manufacturers intended result. Minor deviations are not sufficient and the courts will likely not consider those injuries a defect. Courts have held that minor variations in latex glove material causing allergic reactions were not a cause for defect. For a product to be considered a manufacturers defect it must deviate from its intended design.
For a lawnmower to be considered a manufacturers defect then it must deviate from other prototypes or lawnmowers manufactured by that particular manufacturer. Thus it is important to consult with a qualified professional to determine whether you have a cause of action.
A lawnmower can also be defective by design. A design defect will exist when the product fails to meet the “consumer expectation test” or the “risk benefit test”.
The consumer expectation test essentially tests whether the product failed to meet the expectations of the consumer. In other words, did the product fail to perform safely or in the manner it was intended to by the consumer?
The risk benefit test, determines whether the inherent dangers of the product outweigh or challenge a new design.
Each of the different theories can be used in order to assert the defective nature of the product and it is important to understand the purpose of each theory discussed above.
Fatal Lawnmower Rollovers Accident Claims:
Riding lawnmowers can rollover if they are used at a high slope. In such cases the lawnmower can roll backwards and ultimately flip onto the operator. When the lawnmower is turned to the on position and subsequently rolls over it can cause serious lacerations, amputation or death. Certain lawnmowers have safety features that automatically stop the device when it senses a shift in its position. However many devices fail to have that feature installed.
This can be considered a defective design and liability can result. When the product does not have a most innovative design or state of the art design it can lead to a product defect suit. Lawnmowers that are not equipped with such devices can subject the manufacturer to liability where appropriate.
Trusted and Knowledgeable Personal Injury and Product Liability Legal Representation:
An attorney with product defect liability experience can help you better understand your case. If you have been injured as a result of what you feel is a defective lawnmower use our free case evaluation form or call us to discuss your case. (855) 385- 2529
Product Liability Litigation
Lawn mower defect liability laws
List of Riding Mower Manufacturers: International and US Companies:
- John Deere
- Poulan Pro
- Lawn Chief
- Ranch King
- MTD Pro
- White Outdoor
- Cub Cadet
- Lawn Boy
- Yazoo Keys
- Ranch King